I Now Want To Attend The Hearing In Person. How Do I Fix It

[JuanP]

Hello all. Part of my case is at the BVA, (for Service Connection) and has been for about a year. At the time, I did not select the option to attend in person and now I need to know how to change that. Or should I choose the Video Hearing. (Bottom line is I don't feel like I'll get a fair shake if I'm not part of it)

Also, I have been granted SSDI, what is the correct way to go about informing the VA about this? Will it make an impact?

Your help will be appreciated.

also, as an aside--are there any conditions that cover someone who is the child of a vet? Meaning are there any conditions that can be passed down to child because of Service related.

Edited November 12, 2014 by JuanP

[JuanP]

"As for a presumptive disease associated with AO, you would have had to have manifested spina bifida at birth and certainly before age 18. In order to claim that, your birth mother would have to have served in Vietnam. As you were accepted into the service and granted the Presumption of Soundness, I'm not sure how you could claim that unless they missed it at your entrance exam."

This portion wasn't about me, as noted. My Mother in Law. It was an off the cuff question.

[FormerMember]

Ah, sorry, JuanP. In that case, your mother-in-law's mother would have to have had boots on the ground in the RVN. There are no recognized diseases transmitted from the paternal side of the family so your father's service in the Navy would have no bearing, I'm afraid.

a

P.S. Here's the link for your mother in law to peruse, sir. There are quite a few diseases/birth defects. I did not see MS.

http://www.law.cornell.edu/cfr/text/38/3.815

Edited November 12, 2014 by asknod

[broncovet]

As Ask Nod says, you can "probably" change it and be granted a hearing, but dont expect to keep your place in line if you do that. (It may be too late, depending upon where your claim is in the BVA process)

VA gets real bent out of shape when you do things out of the order they prescribe. I dont know what prompted you to change your mind about the hearing, but, unless you like the idea of waiting ANOTHER 3 years, I would exercise caution. The VA does not need a good excuse to delay you, but you would definately give them one if you change in mid stream.

[Gastone]

Juan: I never made it to BVA, my awards for NODs filed 2010 and 2012 all granted at 6/2014 DRO Personal "Informal Hearing." Thats my disclaimer regarding actual BVA Experience.

I have done consideralb BVA research over the past 3 years just in case I didn't prevail at the DRO level. I think AskNod just recently posted his latest BVA experince, check it out. I think he said he's 2 for 5 at the BVA, didn't catch his time frame.

You said part of your case has been at BVA for 1 yr, could you elaborate, I was not aware of any type of segmented claim appeal. I see your listed as 0% SC no award of claim issued, right? Are you indicating that you agreed with some of the denial and appealed another issue that was denied? This is just for my own understanding of your situation. If you have a case at the BVA and they have not heard it, you can try to get a personal hearing either Traveling Board or Video Conference. If VBA were to allow either, I'm sure it would add considerable time to your pending Hearing. Are you using a VSO BVA Appeals Specialist or going it alone "Pro Se?" This is one of those times that I think you need to get at least (3) Free Legal Consults with VA Accredited Appeals Attorneys. You don't have to sign right away, see what they have to say regarding your cases strength and the LEGAL answer to your Personal Hearing change of heart. Costs nothing and you might even learn something that could help you out. I did exactly that in 02/2014. Talked to (3) VA lawyers, 2 online 1 local. Advice from local helped me win, didn't cost me anything but time. HOLD ONE SECOND! You said part of your claim is at BVA for over 1 year. Have you been notified that your BVA Appeal has been Certified by your VSRO and actually forwarded to the BVA in Washington DC and a BVA Docket number has been assigned. If so, it appears that you were on the Super Fast Track early 2013. What was the date of your Denial, I thought I read your 1st claim was 06/2010 for bad back. Award/Denial letter maybe 6/11 to 12/11 time frame? NOD filed 2012? All of the BVA Decisions 2014 that I've reviewed have been hanging for 3-5 years. Please advise ASAP. Thanks

Semper Fi

Gastone

[carlie]

Hello all. Part of my case is at the BVA, (for Service Connection) and has been for about a year.

Please clarify the one year from above.

1) You submitted a form 9 - substantial appeal to your VARO, to move you

appeal onto the BVA level, a year ago

OR

2) Your appeal has been certified and claims file physically transferred to the BVA

a year ago.

Which one is it ?

Thanks

[Gastone]

Juan: Looked at a few linked posts of yours, trying to figure out exactly what your situation is. It appeared from these posts that your currently rated for a SC @ 10%? Then I read that you've been fighting this for 4 years? Don't really need your exact conditions but a VA Claim Award/Denial time line would really help. I think in one post you referenced in 2013 you had something at BVA on Remand and had been awarded 10% SC on another issue. I need your assistance, do you still have open Remands from early 2013?

Semper Fi

Gastone